Author: Chris A

Article I of the U.S. Constitution lists Congress’s enumerated powers, and then concludes with a final provision specifying that Congress has the power “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

The Constitution’s Appropriations Clause provides: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law….” This text clearly requires the enactment of a “law” — which requires the cooperation of the House, Senate, and President — to spend federal money.

The Constitution vests in Congress the power to appropriate funds. U.S. CONST. Art. I, Section 9, cl. 7. This provision clearly limits the amount of money the Executive Branch may expend each year, but it raises an interesting question: Does the amount of money appropriated operate only a cap on expenditures, or does it carry with it the requirement that the money be spent, making it both a floor and a cap on spending?

One of the many benefits of the members of The House Freedom Caucus having challenged Kevin McCarthy for Speaker was incorporating The Holman Rule into the House Rules for the 118th Congress (2023-2025). Very few have heard of The Holman rule, and even fewer could explain what it is, but this Rule could prove to be one of the most useful tools for House Republicans to defund terrible government programs and personnel.